"A deep bench of substitute justices goes unused"

The WaPo reports here on possible legislation to allow a retired U.S. Supreme Court justice to sit in place of a justice who has recused himself or herself from a case. This could come into play in the multiple cases from which Justice Kagan will be recused. The sticky question is how the substitute justice would be chosen in a particular case. As James Sample, quoted in the article, puts it: "The challenge is that it's so difficult to divorce discussion of the proposal from the individual justices who might end up replacing the recused justices."

Posted by tokajid at August 9, 2010 07:32 PM